WEBVTT
WELCOME TO "MATTER OF FACT
♪♪
SOLEDAD: JUSTICE RUTH BADER
GINSBURG SAID IT PLAINLY ENOUGH,
WHEN IT COMES TO THE SUPREME
COURT, EIGHT IS NOT A GOOD
NUMBER
NOT FOR WHAT'S SUPPOSED TO BE A
COURT OF NINE WHO HAVE THE FINAL
SAY OVER OUR LAWS
AND THEIR ENFORCEMENT.
OVER TIME, THAT HAS INCLUDED
EVERYTHING FROM COURTS TO JAILS
AND COULD GO BACK TO OUR
DOCTORS' OFFICES AND BEDROOM
IT'S WORTH REMEMBERING THAT
THERE IS STILL A NUMBER NINE IN
WAITING -- JUDGE MERRI
GARLAND, NOMINATED BY PRESIDENT
OBAMA EIGHT MONTHS AGO THIS
WEEK, AND WHOSE NOMINATION HAS
BEEN SITTING ON HOLD EVER SINCE.
SO WHERE DOES THAT LEAVE US?
PRESIDENT-ELECT TRUMP PRODUCED A
LIST DURING THE CAMPAIGN, BUT OF
COURSE HE CAN NOMINATE ANYONE HE
WANTS, AND A REPUBLICAN SENATE
IS LIKELY TO CONFIRM.
LEGAL SCHOLAR JONATHAN TURLEY IS
A LAW PROFESSOR AT GEORGE
WASHINGTON UNIVERSITY LAW SCHOOL
AND A LEGAL SCHOLAR.
HE WAS FLOATED AS A SUPREME
COURT CANDIDATE HIMSELF, ALBEIT
BY THE LIBERTARIAN CANDIDATE FOR
PRESIDEN
JONATHAN TURLEY IS A LAW
PROFESSOR AT GEORGE WASHINGTON
UNIVERSITY LAW SCHOOL AND A
LEGAL SCHOLAR.
HE WAS FLOATED AS A SUPREME
COURT CANDIDATE HIMSELF,
ALTHOUGH BY THE LIBERTARIAN
CANDIDATE FOR PRESIDENT.
NICE TO HAVE YOU.
I'M TRYING TO DECIDE WHETHER TO
SAY CONGRATULATIONS OR SORRY.
JONATHAN: I WAS COUNTING ON THAT
LIBERTARIAN SWEEP.
WHERE DID THAT GO?
SOLEDAD: THE MEDIA WAS WRONG
ABOUT A LOT OF THINGS.
LET'S TALK ABOUT WHAT'S AT STAKE
HERE.
AT THE END OF THE DAY, YOU
REALLY HAVE EIGHT SUPREME COURT
JUSTICES, ONE SPOT TO FILL --
REPLACING SCALIA.
DOES THAT SHIFT BALANCE OF POWER
IN THE NEXT ONE INDIVIDUAL WHO
DONALD TRUMP HAS THE ABILITY TO
REPLACE?
JONATHAN: IT WOULD HAVE IF
ELECTION TURNED OUT DIFFERENTLY.
IT WOULD HAVE BEEN A SHIFT
BECAUSE HILLARY CLINTON WOULD
HAVE REPLACED THE ULTIMATE
CONSERVATIVE ICON.
SCALIA WAS NOT JUST A RELIABLE
CONSERVATIVE VOTE, HE ACTUALLY
DID BREAK FROM THE RIGHT ON A
NUMBER OF OCCASIONS.
HE HAD A LIBERTARIAN ASPECT TO
HI
HIS LOSS IS HUGE, AND IT IS
GOING TO BE HARD TO REPLACE HIM.
IT'S NOT AS SIMPLE AS JUST
REPLACING HIM WITH SOMEONE WITH
A CONSERVATIVE VIEW OF THE
CONSTITUTION.
HE WAS THE INTELLECTUAL FORCE OF
RIGHT.
SOLEDAD: DONALD TRUMP HAS SAID
HE INTENDS TO OVERTURN ROE V
WADE.
HOW DOES THAT HAPPEN?
BECAUSE CLEARLY IT CAN'T HAPPEN
IN FIRST 100 DAYS THAT --
PRESIDENTS LIKE TO TALK ABOUT
THEIR VISION FOR THE FIRST 100
DAYS.
JONATHAN: THE FACT IS THE
PRESIDENT CAN NOT CHANGE THE
MEANING OF THE CONSTITUTION.
HE CAN CHANGE THE SUPREME COURT,
BUT HE CAN'T CHANGE THE MEANING.
ONLY THE SUPREME COURT DECID
AS A FINAL MATTER WHAT THE
CONSTITUTION MEANS.
AND THEY HAVE SAID THAT WHAT IT
MEANS IS IT PROTECTS RIGHT TO
CHOOSE
THERE ARE STILL SOME QUESTIONS
THAT MAKE IT CONTROVERSIAL.
SOLEDAD: COULD IT BECOME A
STATES RIGHT RATHER THAN A
FEDERAL RIGHT?
JONATHAN: IT COULD IF THE COURT
CHANGED.
AND THAT'S THE REASON TRUMP IS
IN A UNIQUE POSITION.
NO PRESIDENT IN OUR LIFETIME HAS
EVER SAT IN THE POSITION HE HAS
NOW.
HE HAS ONE OPENING THAT HE CAN
FILL ON FIRST DAY, AND HE HAS
THREE JUSTICES WHO WILL BE OVER
80 IN HIS TERM
THAT MEANS THAT CONCEIVABLY HE
COULD FILL FOUR POSITIONS.
IF GINSBURG, KENNEDY, OR BREYER
RETIRES, IT WILL BE A WHOLE NEW
GAME.
IT WILL BE MUCH LIKE THE EARLY
YEARS OF THE REHNQUIST COURT,
WHEN THEY GOT A FIFTH VOTE AND
THEY DIDN'T WASTE ANY TIME.
THEY STARTED TO ACCEPT BIG
TICKET CASES.
WE HAVE GONE THROUGH THIS PERI
WHERE JUDGE MERRICK GARLAND, FOR
NOW ALL PURPOSES, DONE AS A
NOMINEE.
I SAID MONTHS AGO WHEN SOMEONE
ASKED ME ABOUT GARLAND, I SAID
IT'S A VERY IN WASHINGTON WHEN
EVERYONE IS SAYING NICE THINGS
ABOUT YO
YOU ONLY SEE THAT AT EULOGIES
AND WHEN YOUR NOMINATION IS
DEAD.
SOLEDAD: CANDIDATE TRUMP TALKED
ABOUT MASS DEPORTATION.
DO YOU SEE THAT HAPPENING?
JONATHAN: I THINK HE'S GOING TO
INCREASE DEPORTATIONS.
HE HAS THE POWER TO DO IT.
SOLEDAD: BUT DEPORTATION --
FRAMED IT AS DEPORTATION TEAMS
THAT GO IN.
I MEAN, A LITTLE DIFFERENT THAN
WE THINK OF DEPORTATION TODAY.
A MUSLIM REGISTRY, WHICH SOME
HAVE LIKENED TO INTERNMENT
CAMPS.
JONATHAN: ON IMMIGRATION, HE CAN
DO EXACTLY WHAT HE SAID.
THIS IS A BILL FOR DEMOCRATS.
THEY EMBRACED THE UNILATERAL
PRESIDENTIAL
ACTIONS
OF THE OBAMA ADMINISTRATION.
I WAS ONE OF THE CRITICS AT THAT
TIME SAYING YOU ARE MAKING A
HUGE MISTAKE BY EMBRACING THIS
CONCEPT OF AN UBER PRESIDENCY.
TWO YEARS AGO I WROTE A COLUMN
SAYING, "YOUR NEXT PRESIDENT
MIGHT BE A PRESIDENT TRUMP, AND
THEN WHAT ARE YOU GOING TO DO
WHEN YOU HAVE EMBRACED ALL THESE
UNILATERAL POWERS?"
THAT BILL HAS COME DUE.
WHAT MAKES IT EVEN MORE SCARY
FOR DEMOCRATS IS MOST OF OBAMA'S
LEGACY IS STANDING ON CLAY FEET.
I MEAN, MOST OF THOSE WERE DONE
THROUGH EXECUTIVE POWER AND
TRUMP COULD ERADICATE THAT.
HE COULD LITERALLY ERADICATE
MOST OF THE OBAMA LEGACY BECAUSE
OF THE WAY IT WAS DONE.
SOLEDAD: THERE ARE ALL THESE
AREAS OF CONFLICTING INTEREST.
WE NOW KNOW, OR AT LEAST WE
BELIEVE, THAT DONALD TRUMP IS
INTERESTED IN HAVING HIS
CHILDREN GET SOME KIND OF
SECURITY CLEARANCE, MAYBE SON IN
LAW GETTING A VERY HIGH SECURITY
CLEARANCE SO THAT HE COULD BE
ATTENDING THE DAILY PRESIDENTIAL
BRIEFINGS.
WHAT DOES THE COURT THAT
OVERSEES THOSE KINDS OF
QUESTIONS -- ULTIMATELY DON'T
THOSE THINGS RISE TO SUPREME
COURT?
JONATHAN: NO.
WHEN IT COMES TO GETTING
SECURITY CLEARANCES, THE
PRESIDENT AND THE DIRECTOR OF
NATIONAL SECURITY HAVE PRETTY
MUCH THE DISCRETION OF WHO HAS
CLEARANCES.
AND IT IS NOT UNCOMMON FOR
ADVISORS OR KITCHEN CABINET
PEOPLE TO HAVE CLEARANCE.
SOLEDAD: BUT HOW ABOUT FIGHTS
OVER CONFLICT OF INTEREST?
JONATHAN: I DON'T SEE A HUGE
FIGHT HAPPENING IN TERMS O
HIS KIDS.
THEY ARE PRIMARILY IN REAL
ESTATE.
THAT'S AN AREA THAT'S LARGELY A
STATE AREA.
I WOULDN'T EXPECT A LOT OF THAT
COMING DOWN THE PIPE WHERE YOU
CREATE SERIOUS CONFLICT OF
INTEREST, BUT THAT'S THE ROLE OF
WHITE HOUSE COUNSEL AND CHIEF OF
STAFF.
THE WHITE HOUSE COUNSEL HAS TO
BE IN POSITION TO SAY YOU NEED
TO STAND ASIDE ON THIS ONE, OR
THIS IS COMING TOO CLOSE TO YOUR
BUSINESS INTERESTS.
KEEP IN COMPLIANCE WITH CONFLICT
RULES, AND OTHER RULES AND YOU
CAN DO A LOT.
IF YOU FIGHT IT ALL, OR IF
YOU'RE NOT GOING TO YIELD TO
RULES OR LAWS, THEN YOU ARE

Trump Could Appoint Most Justices Since Nixon

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Updated: 4:46 PM EST Nov 18, 2016

When President Elect Donald Trump takes office in January he will be looking to solidify conservative control across all three branches of government – executive, legislative and judicial. Trump has promised to nominate a pro-life constitutionalist to replace the late Justice Antonin Scalia on the Supreme Court.